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Equality and Commission research summary 38 Sam Dick ()

Homophobic hate and hate incidents www.equalityhumanrights.com

Acknowledgements

Stonewall would like to thank Chih Hoong Sin as well as Sara O’Loan, Karen Jochelson and Susan Botcherby from the Equality and Human Rights Commission for their useful comments and editorial support.

 Homophobic hate crimes and hate incidents Introduction

Hate crimes and incidents can range from to inciting others to , serious physical and . Perpetrators of homophobic hate incidents are motivated by or hostility towards their victim’s actual or perceived , and bisexual (LGB) .

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Homophobic hate crimes and incidents occur commonly in the everyday lives of LGB people. Too many LGB people worry about being the victim of and feel at risk of being a victim of hate crime. Both the experience and of homophobic hate crimes and incidents have a dramatic impact on the quality of life of millions of LGB people.

In order to avoid , some At the time of the survey, YouGov had people try to avoid being identified as ‘gay’, information on the sexual orientation of only which curtails their freedom and their right a proportion of their panel members, and 99 to be who they are. The criminal justice per cent known to be LGB were invited, via system as a whole has failed to email or online, to participate in a survey. systematically and consistently prevent or Participants were unaware of the subject of respond to homophobic hate crimes. the survey when invited to participate. Efforts to tackle homophobic hate crime Forty-three per cent of panel members have been hampered by a lack of data and responded to the invitation and broadly evidence on both the victims and reflected the demographics of YouGov’s LGB perpetrators, with no clear picture about panel. Thirty-two per cent of respondents how to improve reporting and with were , and 68 per cent male. Forty- continuing low levels of community nine per cent of respondents were , confidence. Stonewall were commissioned 19 per cent bisexual men, 14 per cent were by the Equality and Human Rights lesbian and 18 per cent bisexual women. Commission (the Commission) to write a There is no demographic profile of Britain’s seminar summary paper, after presenting LGB population, therefore YouGov were findings from their Home Office funded unable to weight the data accordingly. research: Homophobic Hate Crime: The British Gay Crime Survey 2008 at a This paper includes: seminar in April 2009. n definitions of homophobic hate crime This paper draws primarily on Stonewall’s and homophobic hate incidents report Homophobic Hate Crime: The n gaps, weaknesses and trends in data sources British Gay Crime Survey 2008 and a n the prevalence and impact of range of other recent and relevant sources. homophobic hate crime upon LGB Homophobic Hate Crime 2008 reports the women and men findings of an online YouGov survey of over 1,700 LGB respondents in Britain regarding n the barriers faced by LGB women and their experiences of homophobic hate men when reporting homophobic hate crimes and incidents. It is the most crimes, and comprehensive data source to date on n recommendations and ways forward. homophobic hate crime and incidents.

 Homophobic hate crimes and hate incidents

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Definitions of homophobic hate n ‘that the offence is motivated (wholly or crime and homophobic hate partly)… by hostility towards persons who incidents are of a particular sexual orientation’.

Section 146 of the Criminal Justice Act If an offence is believed to have been ( and ) 2003, that came into motivated by hostility or prejudice based effect in 2005, provides that a court must on sexual orientation (actual or perceived) treat hostility based on sexual orientation the judge is required to: as an aggravating factor when considering the seriousness of an offence. This is n treat this as an aggravating factor determined by whether: n state in open court any extra elements of the that they are giving for the n ‘at the time of committing the offence, or aggravation. immediately before or after doing so, the offender demonstrated towards the The Offences Aggravated by Prejudice victim of the offence hostility based on… () bill, was passed in June 2009 the sexual orientation (or presumed and will bring Scotland into line with the sexual orientation) of the victim’ rest of hate crime legislation in Britain. or The bill includes homophobic and transphobici hate crime.

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The Association of Chief Police Officers Data sources (ACPO) distinguishes between a hate incident and a hate crime. A hate incident is: The British Crime Survey (BCS) measures the amount of crime in England and Wales n ‘Any non-crime incident which is by asking people about crimes they perceived by the victim or any other experienced in the previous year. person, as being motivated by hostility The Scottish Crime and Justice Survey or prejudice based on a person’s sexual (SCJS) collects similar data in Scotland. orientation.’ Interviews for the SCJS began in April 2008 and will run continuously until March 2010. A hate crime is: These surveys are important sources of information about other topics, such as n ‘Any hate incident, which constitutes a attitudes towards the criminal justice criminal offence, perceived by the victim system and perceptions of antisocial or any other person, as being motivated behaviour. The BCS and SCJS include by prejudice or hate based on a person’s crimes that are not reported to the police, so sexual orientation.’ are important alternatives to police records. The law is uneven regarding different types To date, the BCS has not asked respondents of hate crime. Perpetrators of racially and whether they experienced crimes on the religiously motivated hate crimes can be grounds of their sexual orientation. From charged by the police with specific offences 2007/08 the BCS included a question on the such as racially or religiously aggravated self-reported sexual orientation of or assault. Perpetrators of respondents to the self-completion module homophobic hate crimes cannot be charged only, not the whole survey. The SCJS with a specific offence of homophobically collects the self-reported sexual orientation motivated harassment. Instead, perpetrators of respondents. There has been no of homophobic hate crimes are charged with systematic baseline data collected on the existing offences, such as assault, and the extent and nature of homophobic hate homophobic is taken into account crimes and incidents in England and Wales. during sentencing. Neither is there baseline information on the patterns or trends in crimes experienced by This paper refers to hate crimes and incidents LGB people. In England, Wales and that are homophobic, in that they are Scotland this important work has only just motivated by prejudice or hatred towards begun. LGB women and men. Homophobic hate crimes and incidents are commonly used Policymakers and the criminal justice terms within the criminal justice system. system have relied upon homophobic hate crime and incidents data from police records where it has been reported. There are significant concerns about the reliability of police data on recorded crime. According to the Association of Chief Police Officers

 Homophobic hate crimes and hate incidents

(ACPO) all police forces must record all to serious acts of hatred, incidents reported, or those that appear to including, for example, homophobic song have been motivated by . lyrics that encourage the murder and In practice, the recording of actual and torture of LGB people. potential hate incidents is influenced by the capacity, willingness and understanding A number of studies have been conducted of individual police staff. Many homophobic into homophobic hate crimes and incidents hate crimes are not reported as a hate (for example Morrison and Mackay, 2000; crime by the victim, nor recorded as a hate Stonewall Cymru, 2003; Williams and crime by the police. Robinson, 2004). The majority were conducted on a local scale and focused on The Crown Prosecution Service (CPS) areas with highly visible LGB communities. record and publish data on homophobic The sample sizes of such studies are often hate crime cases and prosecutions in too small or self-selecting to be reliable, England and Wales. They published their making it difficult to draw firm conclusions. first annual report in February 2009. The CPS Hate Crime Report 2007–2008 Stonewall were funded by the Home Office includes information on racist and religious to conduct a new study into homophobic crime, homophobic and transphobic crime, hate crime in 2008. hate crime and domestic , bringing the strands together in one report The aims were to: for the first time. n quantify the proportion of LGB people The Crown Office and Procurator Fiscal who had experienced a homophobic hate Service (COPFS) is responsible for the crime or incident during a set period prosecution of crime in Scotland. As the n identify the extent of under-reporting of law on homophobic hate crime was passed homophobic hate crimes and incidents in June 2009, the COPFS has not recorded not reflected in police data on recorded and published data on homophobic hate crime or CPS data on prosecutions crime cases and prosecutions to date. n identify the extent of misreporting by victims and misrecording by police of Existing official statistics on recorded and homophobic hate crimes and incidents prosecuted crimes fail to capture under- reporting, but may also include or exclude a n provide an evidence base to support significant number of misrecorded and action by the criminal justice system in misreported homophobic hate incidents. tackling homophobic hate crimes, and n set the parameters for Stonewall’s The Criminal Justice and Immigration Act ongoing engagement with the criminal (2008) also extended the provisions on justice system. incitement to racial hatred to create the new criminal offence, yet to be commenced, of incitement to homophobic hatred from May 2008. This covers

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Worry about crime gay venue, or who they were with, for example, their partner. Half of It’s important to examine worry about experiencing hate crimes and incidents said crime and perceptions of safety, as this they occurred when they were with their compromises the quality of people’s lives in partner (Homophobic Hate Crime, 2008). a range of ways. LGB people appear to ‘In this context it might seem unremarkable worry about being the victim of crime to a that LGB people have often tried to create greater degree than other minority groups. relatively ‘safe spaces’ in large towns and Around 40 per cent of LGB people say they cities or in specific locations, for example, are worried about being the victim of some rural areas and seaside towns’ a crime (Homophobic Hate Crime, 2008). (Mitchell et al., 2009). This compares to 23 per cent of ethnic minority people and 13 per cent of people on average who are worried about being the victim of a crime (Crime in England and Wales 2007/2008).ii Eleven per cent of LGB people say being the victim of a crime is their biggest worry (Homophobic Hate Crime, 2008).

Perceptions of being at risk of being the victim of crime

Perceiving you are at greater risk of being the target of crime because of who you are means that LGB people will take steps to avoid victimisation including hiding their identity and changing their behaviour. Seven in 10 LGB people think they are at greater risk of being insulted, harassed than someone who is heterosexual and half think they are at greater risk of being physically assaulted.

Young LGB people feel at greater risk than older LGB people. Over a third of victims of homophobic hate crimes and incidents said the perpetrator identified them as gay because of where they were, for example a

 Homophobic hate crimes and hate incidents

Experiences of homophobic Perpetrators of homophobic hate crimes and incidents hate crimes and incidents

The official estimates of the number of LGB The profile of perpetrators remains largely people who have experienced homophobic unclear, making it difficult for the criminal hate crimes and incidents have been justice system to maximise their efforts to unreliable to date. The findings from prevent homophobic hate crimes. What is Homophobic Hate Crime, 2008 suggest that known is that the perpetrators of the one in eight of lesbians and gay men and one majority of homophobic hate crimes are in 20 bisexuals had experienced a hate crime unknown to the victim. A small proportion or incident in the year to February 2008. are committed by someone known to the victim, with lesbians being more likely than The crime and incidents experienced vary, gay men to be the victim of a hate crime or with certain groups more or less incident perpetrated by someone they know. vulnerable. Seventeen per cent of victims One in six homophobic hate crimes and of homophobic hate crimes experience a incidents are perpetrated by someone in the physical assault and the figures double for victim’s local community. However, ethnic minority gay people. Twelve per cent perpetrators of homophobic hate crimes and of people experience unwanted sexual incidents towards those aged 16 and over contact. Eighty-eight per cent of are most likely to be under 25 and strangers homophobic incidents involve some form to the victim. Three out of five incidents of harassment. Homophobic crimes and were perpetrated by strangers under 25 incidents also include burglary, theft and (Homophobic Hate Crime, 2008).iii robbery (Homophobic Hate Crime, 2008). The problem of young people as perpetrators Although is not considered to be a is corroborated by the findings on crime in itself, certain behaviours homophobic bullying in schools. The perpetrated by bullies may constitute a majority of teachers appear unaware of the crime. Bullying motivated by hostility or serious nature of homophobic bullying, prejudice based on a person’s actual or therefore the behaviour and the attitudes perceived sexual orientation can be behind it often remain unchallenged considered to constitute hate incidents. (The Teachers’ Report, 2009). Young LGB people report high levels of homophobic bullying and evidence suggests that it may be becoming more of a problem than previously, though data on trends is not available. Sixty-five per cent of LGB young people aged 18 and under experienced homophobic bullying in schools. Some of those experiences were crimes, including death and serious physical (The School Report, 2007).

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Reporting of hate crimes and the incident to a third party reporting incidents service (Homophobic Hate Crime, 2008).

Without information on who perpetrates The primary reason for under-reporting homophobic hate crimes and why they does not appear to be a lack of appropriate perpetrate them, the criminal justice avenues through which to report crime, system cannot effectively respond to or although this is a factor. Fear of prevent them. This intelligence-led homophobic attitudes and treatment from approach is undermined by the under- the police is one explanation. One in five of reporting of homophobic hate crimes. LGB people say they expect Only a quarter of hate crimes and incidents from the police when reporting a are reported to the police. Seven in 10 homophobic hate crime (Serves You Right, victims report the incident to no one. 2008). The vast majority of those who Gay men and young people are far less report homophobic hate incidents report likely to report incidents to the police than them to the police. It would appear lesbians and older people respectively. therefore that the minority who feel Many police forces have attempted to confident to report hate crimes and capture this information via third parties, incidents appear to understand that the however only 6 per cent of victims report

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police are the most appropriate people to Investigation, charging and report them to. The evidence suggests that prosecutions of homophobic the main reasons victims do not report hate crime cases hate crimes are that they do not think the incident is serious enough to report or they Only 6 per cent of LGB victims report that did not know that the incident perpetrated someone was charged with homophobically against them was an offence. Other reasons motivated offences and only 1 per cent include beliefs that the police would not do report that someone was convicted of the anything or treat the incidents seriously offence (Homophobic Hate Crime, 2008). (Homophobic Hate Crime, 2008). This is a very low conviction rate. There is no clear picture regarding why and how Community confidence affects whether some cases of homophobic hate crimes and people will report crimes. Levels of incidents proceed through the criminal confidence in the police are affected by justice system, and some do not. many factors, and some are beyond their control. For example, media coverage of A quarter of victims who reported serious incidents of homophobic hate homophobic hate crimes to the police crimes may add to people’s beliefs that the maintain that they were not recorded as a police are ‘doing nothing’ to tackle homophobic incident and three in 10 say homophobic hate crimes. Media coverage they weren’t informed whether they were does not often reflect capacity and recorded as a homophobic incident. A procedural issues faced by the police. proportion of these cases may be explained Improving communication with LGB by victims not reporting them as people, particularly over high-profile cases homophobic, though there is clear under- being investigated, is important in raising recording of homophobic hate incidents by community confidence. Demonstrating the police. If incidents are not recorded as a overt commitment to non-discrimination homophobic hate crime, then they cannot against LGB people also contributes to be tracked through the criminal justice community confidence. If police authorities system and justice will not be achieved. appear in Stonewall’s Workplace Equality Index, LGB people report this as an The CPS does collect data on the cases indicator that a police force would treat the referred to it. In 2007, 72.8 per cent of reporting of homophobic hate crimes defendants of racially and religiously seriously (Homophobic Hate Crime, 2008). aggravated crimes were charged compared with 64.6 per cent of defendants of homophobic and 69 per cent of disability crimes. In the three years ending in March 2008, over 2,400 defendants were prosecuted for crimes involving homophobia. Convictions rose from 71 per cent in 2005–06 to 78 per cent in 2007–08.

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In 2007–08 the target was to reduce Support and advice for victims unsuccessful outcomes for hate crime of hate crimes which had been motivated by race, , sexual orientation and disability to 20 per Increasing the reporting of homophobic cent. Performance for racially and hate crimes will only be effective if the religiously aggravated crimes exceeded this victims have a positive experience. Equally, target in the final quarter at 19.7%, as did the success of the criminal justice system performance for disability incidents at 16.9 in responding to hate crimes and incidents per cent. Performance for homophobic should not only be judged by the number of crime did not meet the target, reaching prosecutions, but by the impact of both the 22.6 per cent in the final quarter of 2006– incident and the encounter with the 07 and 2007–08. In 2007–08, 87 per cent criminal justice system on the victim’s of defendants were male and 79 per cent quality of life. white (Hate Crime 2007–2008). Providing relevant support and advice is There is evidence that LGB people are key, however two-thirds of victims who concerned about how they might be treated reported homophobic hate incidents to the in the court system. A third of LGB people police were not referred to, or informed would expect to be discriminated against by about, support and advice services a magistrate and a quarter would expect to available to them. In addition, nine in 10 be discriminated against by a judge if they victims did not actively seek advice and were charged with committing an offence support after experiencing a hate crime or (Serves You Right, 2008). There is some incident. The reasons for not seeking advice evidence to suggest that this contributes to and support include lack of awareness that the failure of cases. Over 8 per cent of it is available, or where to obtain it, and homophobic hate crime cases fail because of fear of homophobia from support workers victim non-attendance at court and over 2 (Homophobic Hate Crime, 2008). per cent fail because of a victim retraction Currently, there is limited provision of (Homophobic Hate Crime, 2008).

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support and advice services that are It also leads to confusion among specific to victims of hate crime. Generic communities as to what hate crimes are. support services do aim to provide useful Numerous respondents in Homophobic support to all victims of crime, regardless Hate Crime believed that a homophobic of the nature of the offence or sexual hate crime was an offence in its own right. orientation of the victim. According to the CPS, in 2007–08, of those victims and The Government initiated a cross- witnesses referred to a support service or Government consultation on hate crime in specialist agency, none were recorded as 2009, and at a strategic level there is being referred to a specific ‘specialist growing opinion that hate crimes should be agency’. The completeness and accuracy of addressed in terms of ‘cross-cutting issues’ this information remains under such as low confidence in the police and the development. Thirty per cent were recorded poor satisfaction levels of victims. However, as having been referred to either a victim there are distinct differences in the nature or witness support agency, and 70 per cent and understanding of different types of hate were subject to an ‘other referral’. crimes that extend beyond these cross- cutting issues. There is inconsistency in the focus and resources given to different types Conclusions of hate crime, which would need to be Homophobic hate crimes and incidents are rectified before it is suitable to focus on a serious issue that the police and their cross-cutting issues. In addition to cross- partners need to respond to. However, cutting issues, there are moves to prioritise there remain a number of operational and strategic work around , disabled, strategic obstacles to successfully Gypsy and Traveller and refugee and asylum responding to and preventing homophobic seeker people to improve efforts regarding hate crime. To date, the work by the CJS in particular communities. The rationale for tackling hate crimes and incidents, and these groups is they ‘appear to be specifically homophobic hate crimes, is not disproportionately affected by hate crime consistent across England, Wales and and that the hate crime affecting these Scotland. There are continuing disparities communities has received less attention in in the law. Racially aggravated crimes are the past’ (Cross-Government Action Plan on an offence under the Crime and Disorder Hate Crime, Version 2, 2009). It is important Act 1998 while homophobia is considered to tackle hate crime against all communities, under the law as an aggravating factor including LGB communities, and it is rather than an offence in its own right. essential that all forms are tackled and Such disparity has an impact on the afforded equal focus and resources. recording and response to different incidents by police forces. The absence of robust national, regional or local data on the size of the LGB population means that it is more difficult to convince agencies that homophobic hate crime is an operational and local priority.

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To improve the reliability of police data on 2. Educating and informing LGB homophobic hate crimes, the numbers of people. Resources need to be developed to hate crimes misrecorded needs to decrease educate LGB people about homophobic hate and the numbers of hate crimes reported crimes, and their rights in the criminal (as hate crimes) needs to increase. justice system.

To date, the absence of official baseline data Police forces and their partners have a from the BCS and SCJS have been major central role in educating LBG people barriers to establishing the prevalence of, regarding the intelligence value of reporting worry about, and experiences of crime if all hate incidents. Establishing LGB liaison you are LGB, though this should change officers in every British policeforce would be now that the sexual orientation of a valuable contribution to this work. respondents is collected. 3. Improve investigation and The CPS captures the and ethnicity conviction rates. The police and CPS of perpetrators of homophobic hate crimes, should increase the number of hate crimes for those who are prosecuted and convicted. and incidents they investigate and Better profiles and reporting of prosecute. They should also improve the characteristics of perpetrators would be information provided to victims about advantageous in aiding prevention and whether the case will be investigated and/ targeted tackling of homophobic hate crime. or prosecuted. The publicising of successful cases would promote the action the police and the CPS are taking on hate crimes. Recommendations

The following recommendations derive 4. Improve recording mechanisms. from the evidence: Data collection should be improved. This will mean strategies to improve the 1. Increase reporting of homophobic numbers reporting, in order to gain a better hate crimes. An assessment needs to be idea of homophobic hate crimes made of the variety of initiatives currently experienced. Police forces must train all in operation to increase reporting of all police to identify and record hate crimes hate crimes. and the BCS should include questions about homophobic hate crimes. Better data All victims – not just LGB victims – should needs to be collected on the perpetrators of be encouraged to report hate crimes to the homophobic hate crimes and we need to police. Training also needs to be given to gain a better understanding of the causes. individual police officers on how to identify Data collection methods should be and record hate crimes and how to deal consistent across countries, the criminal sensitively with victims. justice system and within individual agencies to allow comparative and chronological analysis.

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5. Tackle homophobic bullying in 10. Improve equality and in schools. Police and their partners should the justice system. The judiciary needs work with schools and local authorities to to be more reflective of the community it tackle homophobic bullying and educate serves, including LGB people. Judges and young people about homophobic hate magistrates, as well as victims and crimes. Police and their partners should witnesses accessing the justice system, also undertake specific work to encourage should be made aware of the equal young LGB people to report hate crimes. treatment bench book.

6. Improve support and information to victims. Police need to refer all victims of hate crimes and incidents to relevant support services. Such services will need to be adequately funded. All victims need to be told whether their case will be investigated and/or prosecuted, including regular updates on the progress of any investigation or prosecution.

7. Provide specific initiatives. All individuals who have experienced or witnessed a hate crime, including heterosexual people and work colleagues, should be encouraged to report them. Support needs to be provided to the victim’s families.

8. Work with employers. Employers need to tackle the homophobic bullying of and by employees. The police and their partners need to work with employers to identify incidents in the workplace that may constitute hate crimes.

9. Be a good employer. Police should undertake work to become more LGB- friendly employers to support their work as LGB-friendly service providers. The implementation of a single equality duty should encourage more police forces to become both LGB-friendly employers and service deliverers.

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Endnotes Morrison, C. and Mackay, A. (2000) The Experience of Harassment and Violence of i This is the first transgender-inclusive hate Gay Men in the City Of Edinburgh. crime bill in Europe, and has the most Edinburgh: Scottish Executive Central inclusive definition of transgender identity Research Unit. in any European legislation. Stonewall (2007) The School Report. ii The British Crime Survey (BCS) only : Stonewall. records worry about three types of crime – burglary, violent crime and car crime – Stonewall (2008) Homophobic Hate Crime: so data is not directly comparable. The Gay British Crime Survey. London: Stonewall. iii It is important to note that respondents will not necessarily consider the Stonewall (2008) Serves You Right. homophobic bullying they experienced London: Stonewall. at school to be a homophobic hate incident or crime. Stonewall (2009) The Teachers’ Report. London: Stonewall. References Stonewall Cymru (2003) Counted Out. Browne, K. and Lim, J. (2008) Count Me In Wales: Stonewall Cymru. Too – Bi Report. Brighton: University of Brighton and Spectrum. Williams, M. and Robinson, A.L. (2004) ‘Problems and Prospects with Policing the Cross-Government Action Plan on Hate Lesbian, Gay and Crime (2009), Version 2. in Wales’, Policing and Society, 14:3, pp. 213-32. Crown Prosecution Service (2008) Hate Crime Report 2007–2008. London: Crown Prosecution Service.

Kershaw, C., Nicholas, S. and Walker, A. (2008) Crime in England and Wales 2007/2008. London: Home Office.

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19 This summary highlights new insights into homophobic hate crime and hate incidents. It draws upon a range of sources, in particular Stonewall’s latest research Homophobic Hate Crime: The British Gay Crime Survey 2008.

What is already known on n The law is uneven regarding different this topic types of hate crime. Perpetrators of racially and religiously motivated hate n It has been extremely difficult to obtain crimes can be charged with specific an accurate picture of the prevalence of offences such as racially or religiously homophobic hate crime and incidents in aggravated harassment or assault, Britain, as the collection and publication whereas perpetrators of homophobic of official data is relatively recent and hate crimes are charged with existing under-developed. offences, such as assault, and the homophobic motivation is taken into n A high proportion of homophobic hate account during sentencing. crimes and incidents are not reported or recorded. n The official estimates of the number of LGB people who have experienced homophobic hate crimes and incidents What this study adds have been unreliable to date. The n This is the most comprehensive study of findings from Homophobic Hate Crime homophobic hate crimes and incidents 2008 suggest that one in eight lesbians to date. and gay men and one in 20 bisexuals had experienced a hate crime or incident n Seven in 10 lesbian, gay and bisexual in the year to February 2008. (LGB) people think they are at greater risk of being insulted and harassed, and n The British Crime Survey and the half think they are at greater risk of Scottish Crime and Justice Survey do not being physically assaulted than someone ask about experiences of homophobic who is heterosexual. hate crimes and incidents and have only recently begun to collect the sexual orientation of some respondents. n Only a quarter of homophobic hate crimes and incidents are reported to the police. Seven in 10 victims report the incident to no one.

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